Are temporary labor suppliers required to serve notice of furnishings ?

4 weeks ago

If there is no NOF, how is a lien filed by a labor supplier

Chief Legal Officer Levelset

Ohio has pretty specific Notice of Furnishing rules and requirements, but there are some situations in which a Notice of furnishing does not need to be sent in order for a participant to retain the ability to file a valid and enforceable mechanics lien.

A notice of furnishing is never specifically required if:

1) the property owner (or other party authorizing work) fails to file and post a notice of commencement;
2) the project is on a single or double family residence or condominium;
3) the potential lien claimant is a wage laborer

If any of the above situations apply, a valid and enforceable lien may be filed without the claimant having previously provided a Notice of Furnishing.

Senior Legal Associate Levelset

Laborers, themselves, do not need to send an Ohio Notice of Furnishing in order to preserve their right to lien. However, a company supplying or employing laborers would not seem to fall under the Ohio mechanics lien statute’s definition of “laborer” – so, if they intended to assert mechanics lien rights, they’d likely need to send a Notice of Furnishing.

We got a question pretty similar to this one the other day here on the Expert Center, and I think the answer would be valuable here:  Are temporary labor suppliers required to serve notice of furnishings ?

Finally, for more information regarding Ohio’s notice and mechanics lien rules, here are some resources that will be valuable:

– Ohio Preliminary Notice Guide and FAQs
– Ohio Notice of Furnishing: The Why, Who, What, When, and How
– Ohio Mechanics Lien Guide and FAQs

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